'New law gives trustees control in body corporate meetings'

Owning a home in a sectional title complex can sometimes be testing and a recent amendment to the Prescribed Management Rules (PMRs) has raised more concerns with several sectional title owners.

Owners are concerned that they are no longer entitled to attend and speak at trustees’ meetings.

(Also read our article: The legal rights of sectional title owners and body corporates)

However Marina Constas, Director and Specialist Attorney in Sectional Titles from BBM Attorneys, says the changes only mean to empower trustees in their own meetings.

The law is aimed at giving trustees a measure of control. Sectional title owners would previously hijack the meetings and the new law says that they may attend by invitation.

Marina Constas, Director and Specialist Attorney in Sectional Titles from BBM Attorneys

Originally, PMR 15(5) stated that any owner in a sectional title scheme was “entitled” to attend and speak at a meeting of the trustees of the scheme, although the owner could not vote at the meeting.

The rule has been amended to state that an owner may attend a trustees’ meeting “on invitation”. The amendment does not specify who must extend the invitation: any of the trustees, the majority of the trustees, or the chairman.

The amended rule also no longer includes the phrase “and speak”, which could be interpreted to mean that they are no longer entitled to express an opinion or ask questions.

According to Constas, the amendments are not curtailing the rights of sectional title owners, but rather leverage discretion for trustees.

Listen to the full conversation, with Africa Melane standing in, on CapeTalk's Breakfast with Kieno Kammies:

Read More
Traffic boss warns motorists after at least nine killed on WC roads

Traffic boss warns motorists after at least nine killed on WC roads

Provincial traffic chief, Kenny Africa, has urged motorists to be more vigilant on the Western Cape's roads this long weekend.

City to target Cape's 50 000 water-guzzling households

City to target Cape's 50 000 water-guzzling households

The City of Cape Town has its sights on 50 000 homes that have been flagged as heavy users of water.

Pick n Pay: Credit plan will follow prudent criteria

Pick n Pay: Credit plan will follow prudent criteria

Pick n Pay is not entering the financial services industry with its new credit facility, says Deputy CEO Richard van Rensburg.

School principals weekend confab on 'Brain Waves of Change'

School principals weekend confab on 'Brain Waves of Change'

International Confederation of Principals Convention will be held at the Cape Town International Convention Centre on Saturday.

Specialised units to tackle child killings  in Western Cape

Specialised units to tackle child killings in Western Cape

This follows an incident in which a Mitchells Plain mother allegedly choked her newborn son to death and hid him under a mattress.

The legal rights of sectional title owners and body corporates

The legal rights of sectional title owners and body corporates

Specialist Attorney in sectional titles Marina Constas unpacks several concerns and cases related to body corporates and trustees.

Popular articles
Ocean View protests Day 3: Police use water cannon to disperse crowd

Ocean View protests Day 3: Police use water cannon to disperse crowd

The community is demanding that the police act accordingly and remove gangsters from their community.

[LISTEN] Makhosi Khoza spills the beans on why she quit the ANC

[LISTEN] Makhosi Khoza spills the beans on why she quit the ANC

She says President Zuma was uncomfortable with her and her decisions which saw changes to the ANC and Motsoeneng ousted.

[Watch] Payday dance: Never a dull moment in Cape Town

[Watch] Payday dance: Never a dull moment in Cape Town

Even slow-moving traffic cannot dampen the mood in Cape Town because payday came early. Watch Capetonians celebrating payday.

KPMG International's meeting with Pravin Gordhan

KPMG International's meeting with Pravin Gordhan

The Money Show’s Bruce Whitfield interviews Pauli van Wyk, a journalist with Scorpio at Daily Maverick.

Ocean View activist speaks: We have had 20 murders in 2017 alone

Ocean View activist speaks: We have had 20 murders in 2017 alone

Sharone Daniels, a community activist in Cape Town's Ocean View says they need police intervention to end gang violence.

[WATCH] Day-Zero for water running out fast approaching?

[WATCH] Day-Zero for water running out fast approaching?

A government employee emailed John Maytham about what he or she believes is the real state of play with the Cape water crisis.